Rental laws and tenant rights in Turkey 2024

One of the topics that is extremely important for renting out property in Turkey is being aware of the laws and regulations of landlords and tenants, or in other words, the rights of landlords and tenants in Turkey. When a house is rented, the tenant has various duties. If the tenant does not fulfill these responsibilities, the landlord may warn the tenant, and this process may even lead to eviction. Of course, the landlord also has rights towards the tenant that must be fulfilled.

If you intend to buy property in Turkey and earn rental income from it, we suggest you stay with us until the end of this article.

Investment in Turkey’s Rental Property Market

Turkey has always welcomed tourists and immigrants who are looking for daily and annual rentals. Given the growth in property values in Turkey in recent years and the increased demand for rental properties, many investors from around the world come to the big cities of this country to earn income from property rentals in Turkey and achieve a faster return on investment.

Familiarity with the landlord and tenant law in Turkey can to a large extent prevent various problems between landlord and tenant. Therefore, in this article, we have thoroughly discussed the laws and regulations of landlords and tenants, the duties of both parties, the right of termination, and how to evict the property.

How to Rent a House in Turkey

If you have the conditions to rent out property in Turkey, you must definitely take the following steps:

Draft an Official and Valid Lease Agreement According to Turkish Laws

After drafting the lease agreement at the real estate agency, you must go with the tenant to the nearest notary office and formalize your lease agreement. To present the rental agreement to Turkish governmental and official departments and organizations, the contract must definitely be officially registered in the NOTER offices. For notarizing the rental agreement, the ID information (kimlik) of both parties and their presence at the official offices are mandatory.

Notes on Drafting Lease Agreements in Turkey

The property rental agreement must contain all clauses and details related to rent payment and its conditions. Also, explanations related to the conditions and method of returning the deposit should be stated clearly and precisely in the contract. If the house is furnished and has appliances, all items should be registered in detail in the rental contract. The rental contract in Turkey is drawn up for one year.

Duties of the Tenant According to Turkish Laws

The first and most important duty that the tenant has towards the landlord is the timely and proper payment of rent and maintaining and delivering the property in the same condition as it was rented. Other duties of the tenant are as follows:

· Maintaining and taking care of the property, and not causing damage to items or the property
· Not disturbing or harassing neighbors
· Showing the house in case of re-rental or sale
· Paying the difference of rent increase (according to law)
· Paying compensation if the tenant has damaged the house
· Paying damages in case of early departure of the tenant

Duties of the Landlord Towards the Tenant

Landlords must act according to the law and observe the rights of their tenants when renting out their property. Here we have explained the primary rights of homeowners:

Right to Determine Rent

The landlord has the right to set the rental price of the property. However, this price must be reasonable and in line with market conditions and legal.

Registering the Rental Contract

The landlord must enter into a notarized rental contract with the tenant. This contract specifies the rights and responsibilities of the tenant and landlord. In addition, the contract must include details such as the rental period, rental cost, and the amount of the security deposit.

Maintenance and Repair of the Property

The landlord is obliged to maintain and repair the property occupied by the tenant. The property must be maintained regularly, and any necessary repairs must be carried out promptly.

Tenant’s Security

The landlord must respect the tenant’s privacy. He should not enter the property without permission or interfere with the tenant’s personal belongings without consent.

Rent Payments

The rent amounts received from the tenant must be collected according to the dates specified in the contract. If the tenant does not pay the rent for more than two months, the landlord has the right to pursue legal action.

Right to Change the Tenant

When it comes to changing the tenant, the landlord must follow specific procedures. For example, early eviction before the end of the contract may not be possible for the tenant. In fact, as long as the rental contract continues, landlords cannot evict the tenant from the house unless there is a valid reason to give notice to the tenant and obtain an eviction order, which we will explain below.

The Most Important Reasons for Evicting a Tenant

If the tenant does not pay rent twice in one year, a notice for the tenant’s departure is sent. After the notice, if the tenant still does not pay the rent, enforcement proceedings begin with a request for eviction, and a deadline is given to the tenant. Below, some of the basic reasons for eviction set by the TBK (Turkish Code of Obligations) are listed and explained:

Eviction Due to Non-Payment of Rent

If the tenant does not pay the rent on time, the landlord must give notice to the tenant and give him at least 30 days to make the payment. If payment is not made within the specified period, an eviction lawsuit may be filed within the landlord’s rights against the tenant. Alternatively, the landlord can initiate execution proceedings with a request for eviction. The notice sent to the tenant must be properly prepared and delivered. You can do this through the notary public office.

Eviction of a 10-Year Tenant

Among the landlord’s rights is the right to request eviction of a 10-year tenant. The calculation of 10 years varies depending on whether the lease is for a fixed term or indefinite. If the rental contract is for a fixed term, first the contract period must expire, and then another 10 years must pass. An eviction lawsuit can be filed at the end of the period with notice to the tenant at least three months before the end of each renewal year.

If the rental contract is for an indefinite period, the 10-year period starts from the moment the rental relationship is established. After 10 years, every six months is considered a rental period. The tenant must be notified at least three months before the end of each six-month rental period. After the end of the rental period, an eviction lawsuit can also be filed.

Landlord’s Right to Evict with a Commitment to Vacate

The commitment to vacate is a written statement from the tenant that he will leave the house on a certain date. If the tenant promises the landlord that he will vacate the house after a certain period, he must leave the house upon the arrival of the vacating date.

In case of a commitment to vacate, the landlord has the opportunity to, as a landlord’s right, file an eviction lawsuit against the tenant and proceed with eviction. Accordingly, the commitment must be in writing and contain the signature of the tenant or their representative in official notary offices; the vacating date must be definite, and the commitment must be made after signing the rental contract. The landlord is also obliged to notify the tenant at least one month before the vacating date.

Eviction with Two Justified Notices

If the landlord gives notice due to late payment of rent for two consecutive months in the same rental year, the tenant may be evicted from the house. Therefore, the notices must be in writing and justified. If these conditions are met, an eviction lawsuit can be filed within one month from the end of the rental year in which the notices were issued.

Eviction Due to Necessity or the Landlord’s Need for the House

The landlord’s rights include the opportunity to file an eviction lawsuit against the tenant when the house is needed. Accordingly, the landlord, spouse, children and siblings may need the house. In this case, the eviction lawsuit must be filed according to the procedures stipulated in the law.

The conditions required by law for evicting a tenant due to necessity are as follows:

· Existence of housing need
· The need must be real, essential, and sincere
· Sending notice according to the deadline stipulated in the law

Note that for fixed-term contracts, a lawsuit can be filed after the expiration of the period specified in the rental contract. However, for indefinite-term contracts, notice must be sent to the tenant at least three months before the end of the six-month rental period. The complaint must be filed within one month from the vacating date stated in the notice.

Landlord’s Right to Evict Due to Renovation

If the rented property needs renovation or demolition, the tenant may be forced to vacate due to renovation. The legal basis of the matter is TBK 350/2. According to the relevant regulation, to evict the tenant in this way, it must be impossible to use the rented property during renovation. This means that during the renovation of the house, it should not be possible to live in it.

In total, to request eviction of the tenant, the renovation in the house must be substantial. In fixed-term rental contracts, a lawsuit can be filed upon the expiration of the rental period. But if the contract is for an indefinite period, the tenant must be notified at least three months before the end of the six-month rental period. Regarding eviction due to renovation, the tenant’s rights are as important as the landlord’s rights.

Eviction Due to the Need of the New Landlord

Within the scope of landlord’s rights, the situation of a new landlord is special. A landlord who has recently purchased a house with a tenant in it and needs this house must inform the tenant within one month from the date of purchase of the house. When six months have passed since the purchase of the house, the new landlord can request eviction. Of course, there is another way! The new landlord can wait until the contract period expires and file a lawsuit within one month from the expiration of the period.

Eviction of a Tenant Who Harasses Neighbors

The landlord may be asked to evict a tenant who harasses neighbors within the scope of ownership rights. However, to achieve this, the tenant must first be given notice and at least 30 days to eliminate the nuisance. If the tenant does not eliminate the nuisance within this period, you can proceed to obtain an eviction order.

Eviction of a Tenant Who Damages the House

Within the framework of the landlord’s rights, a tenant who damages the house can be evicted. To evict, the tenant must first be given notice and at least 30 days to repair the damage. If the tenant does not repair the damage within the specified time, the landlord will have the opportunity to file an eviction lawsuit. A lawsuit for compensation of damages may also be filed.

Right to Increase Rent in Accordance with the Landlord’s Rights

The ability to increase rent is one of the landlord’s basic rights. Accordingly, rent may be increased at the time of contract renewal. However, the rate of increase cannot exceed the Consumer Price Index (CPI) announced in the month of contract renewal. In addition, a maximum of 25% increase is applicable to residential rental contracts that are renewed until 2024/07/01.

If the tenant does not accept the increase, the landlord must warn the tenant about the underpaid amount and give at least 30 days to pay the remaining rent. If payment is not made within the deadline, the landlord can file an eviction lawsuit against the tenant. This is one of the landlord’s rights to initiate execution proceedings with a request for eviction in case of non-payment of rent.

Landlord’s Right to Receive a Deposit (Property Security Amount)

The right to deposit, which holds an important place among the landlord’s rights, is regulated in TBK 342. As can be understood from the relevant article, payment of a deposit assures the landlord to protect his property against possible damages, and in case of damage by the tenant, cover the costs from this source. If the parties have contractually agreed on the payment of a deposit for the rental, the deposit amount cannot exceed three months’ rent.

Landlord’s Right to Request Care of the House

The right to request proper care of the house is one of the landlord’s primary rights. According to the landlord’s rights, the tenant is obliged to use the house carefully and as stipulated in the contract. If the tenant does not use the house according to the contract or does not take care of the house, he has breached this obligation.

The tenant is obliged to carry out the routine repairs needed for the house. Also, regularly cleaning the house and thereby minimizing any damage (such as humidity) that may occur to the house is part of the duty of care. The care expected from the tenant is actually to use the house as if it were his own.

If the tenant breaches his duty, the landlord must warn the tenant and give at least 30 days to remedy the breach. If the breach is not remedied within this period, an eviction lawsuit may be filed within the scope of the landlord’s rights.

Right to Claim Damages if the Tenant Leaves Earlier Than the Due Date

If the tenant wants to vacate the house earlier than the due date, the landlord has the right to claim damages and can claim compensation based on TCO 325. According to the law, if the tenant leaves the house without waiting for the end of the contract, his contractual obligations continue for a reasonable period during which the house can be re-rented under similar conditions.

Therefore, execution proceedings may be initiated for rents that have not been paid during this period. If the tenant finds someone to replace himself who has the ability to pay and whom the landlord can accept, he is relieved of responsibility.

We hope the content of this article is useful for you. If you intend to buy a house in Turkey and invest in property to earn rental income, the points in this article can be practical for you. If you have any questions that have not been answered in this article, write them for us in the comments section so that hometurkie experts can answer them as soon as possible.

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